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Contract Law In Modern Commercial Transactions, An Artifact Of Twentieth Century Business Life?, James J. White Jan 1982

Contract Law In Modern Commercial Transactions, An Artifact Of Twentieth Century Business Life?, James J. White

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Diligent first year law students study contract law with a passion previously reserved for romantic objects and religious idols. Their professors lead them in extensive and difficult intellectual explorations of the wilds of contract law. There are careful analyses of why damage recovery X will stimulate performance Y, why recovery A is appropriate to encourage the aggrieved party to return to the market, and so on and so forth. Lurking behind this year long analysis are several inarticulate hypotheses: that they make rational evaluations of the threat of legal sanctions; that they respond in other varied and subtle ways to …


Comments On Parfit, Donald H. Regan Jan 1982

Comments On Parfit, Donald H. Regan

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I will begin by saying that I am persuaded by most of Derek's claims and arguments. That may tend to make for rather uninteresting commentary, but I shall try to find something to say. I shall offer only one criticism of the main part of Derek's paper, and then I shall discuss at somewhat greater length the questions he raises in the last section of his paper. In the main body of the paper, Derek attempts to prove that if we accept what he calls the Complex View of personal identity, then we must abandon what he calls the Equal …